1 | 1 | | LRB-5474/1 |
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2 | 2 | | JPC:cjs&wlj |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 900 |
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5 | 5 | | January 11, 2024 - Introduced by Senators TOMCZYK, BALLWEG and QUINN, |
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6 | 6 | | cosponsored by Representatives CALLAHAN, GUSTAFSON, BORN, GUNDRUM, |
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7 | 7 | | MURPHY, MURSAU, ORTIZ-VELEZ, RETTINGER, ROZAR, SCHMIDT, SNYDER, SPIROS |
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8 | 8 | | and VANDERMEER. Referred to Committee on Licensing, Constitution and |
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9 | 9 | | Federalism. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to amend 448.05 (2) (a) (intro.), 448.05 (2) (b) (intro.) and 448.974 (1) (a) |
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12 | 12 | | (intro.); and to create 448.01 (3), 448.02 (4m), 448.04 (1) (br), 448.05 (2m), |
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13 | 13 | | 448.971 (5) and 448.974 (1) (c) of the statutes; relating to: provisional licenses |
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14 | 14 | | to practice medicine and surgery for internationally trained physicians and |
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15 | 15 | | physician assistants and granting rule-making authority. |
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16 | 16 | | Analysis by the Legislative Reference Bureau |
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17 | 17 | | This bill creates provisional licenses for certain internationally trained |
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18 | 18 | | physicians to practice as a physician in this state and provides that certain physician |
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19 | 19 | | assistants or physician associates who are licensed to practice in certain qualifying |
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20 | 20 | | countries may apply for and receive a license to practice as a physician assistant in |
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21 | 21 | | this state without having to satisfy certain educational requirements provided under |
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22 | 22 | | current law. Under the bill, provisional licenses to practice as a physician are |
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23 | 23 | | automatically converted into permanent licenses after the provisional license holder |
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24 | 24 | | practices in this state and maintains good standing for three consecutive years. |
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25 | 25 | | Under current law, the Medical Examining Board licenses and regulates |
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26 | 26 | | physicians. This bill provides that the Medical Examining Board may issue a |
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27 | 27 | | provisional license to practice as a physician to an applicant who meets certain |
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28 | 28 | | requirements, including: (1) the applicant has an offer for employment as a physician |
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29 | 29 | | in this state; (2) the applicant has been granted a medical doctorate or a substantially |
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30 | 30 | | similar degree by an international medical program; (3) the applicant has completed |
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31 | 31 | | a residency program or a postgraduate medical training program that is |
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36 | 36 | | 5 - 2 -2023 - 2024 Legislature LRB-5474/1 |
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37 | 37 | | JPC:cjs&wlj |
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38 | 38 | | SENATE BILL 900 |
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39 | 39 | | substantially similar to a residency program; (4) the applicant has practiced as a |
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40 | 40 | | fully licensed physician in his or her country of practice for at least five years after |
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41 | 41 | | completing a residency program or a postgraduate medical training program that is |
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42 | 42 | | substantially similar to a residency program; (5) the applicant has been in good |
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43 | 43 | | standing with the medical licensing or regulatory agency of his or her country of |
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44 | 44 | | practice for the five years preceding the individual's application and does not have |
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45 | 45 | | any pending disciplinary action before the medical licensing or regulatory agency; |
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46 | 46 | | (6) the applicant has passed all steps of the United States Medical Licensing |
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47 | 47 | | Examination administered by the National Board of Medical Examiners and the |
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48 | 48 | | Federation of State Medical Boards, or their successor organizations; (7) the |
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49 | 49 | | applicant has, or will have prior to working as a physician in this state, a federal |
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50 | 50 | | immigration status and employment authorization that enables the applicant to |
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51 | 51 | | work as a physician in this state; and (8) the applicant possesses basic fluency in the |
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52 | 52 | | English language. Under the bill, “international medical program” is defined to |
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53 | 53 | | mean any medical school, residency program, medical internship program, or other |
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54 | 54 | | program that is approved by the Educational Commission for Foreign Medical |
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55 | 55 | | Graduates or provides individuals with a medical education or training outside the |
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56 | 56 | | United States that is substantially similar to the training required to qualify to |
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57 | 57 | | practice medicine and surgery in this state. |
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58 | 58 | | Under current law, the Physician Assistant Affiliated Credentialing Board is |
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59 | 59 | | attached to the Medical Examining Board and is responsible for the licensing and |
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60 | 60 | | regulation of physician assistants. The Physician Assistant Affiliated Credentialing |
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61 | 61 | | Board must issue licenses to practice as a physician assistant to any applicant who |
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62 | 62 | | is found qualified by three-fourths of the members of the board and who satisfies |
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63 | 63 | | certain requirements including that the applicant has successfully completed an |
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64 | 64 | | educational program for physician assistants or physician associates that is |
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65 | 65 | | described under current law or has successfully passed the Physician Assistant |
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66 | 66 | | National Certifying Examination prior to January 1, 1986. This bill provides that |
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67 | 67 | | an applicant for a license as a physician assistant does not have to complete the |
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68 | 68 | | educational program described under current law if the applicant provides evidence |
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69 | 69 | | satisfactory to the Physician Assistant Affiliated Credentialing Board that the |
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70 | 70 | | applicant is licensed as a physician assistant or physician associate in a qualified |
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71 | 71 | | country, that the applicant is in good standing with the licensing or regulatory |
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72 | 72 | | institution in the qualified country, that the applicant can speak fluently in the |
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73 | 73 | | English language, and that the applicant is lawfully admitted to work as a physician |
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74 | 74 | | assistant in the United States. Under the bill, “qualified country” is defined to mean |
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75 | 75 | | a country that the Physician Assistant Affiliated Credentialing Board determines by |
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76 | 76 | | rule has set educational requirements for obtaining a license to practice as a |
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77 | 77 | | physician assistant or physician associate in that country that are substantially |
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78 | 78 | | equivalent to the educational requirements for licensure as a physician assistant in |
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79 | 79 | | this state. - 3 -2023 - 2024 Legislature |
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80 | 80 | | LRB-5474/1 |
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81 | 81 | | JPC:cjs&wlj |
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82 | 82 | | SENATE BILL 900 |
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83 | 83 | | For further information see the state fiscal estimate, which will be printed as |
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84 | 84 | | an appendix to this bill. |
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85 | 85 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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86 | 86 | | enact as follows: |
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87 | 87 | | SECTION 1. 448.01 (3) of the statutes is created to read: |
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88 | 88 | | 448.01 (3) “International medical program” means any medical school, |
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89 | 89 | | residency program, medical internship program, or other program that is approved |
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90 | 90 | | by the Educational Commission for Foreign Medical Graduates or provides |
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91 | 91 | | individuals with a medical education or training outside the United States that is |
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92 | 92 | | substantially similar to the training required to qualify to practice medicine and |
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93 | 93 | | surgery in this state. |
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94 | 94 | | SECTION 2. 448.02 (4m) of the statutes is created to read: |
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95 | 95 | | 448.02 (4m) INTERNATIONAL PHYSICIANS. The board may suspend or revoke a |
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96 | 96 | | license granted under s. 448.04 (1) (br) if a majority of the board determines that the |
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97 | 97 | | holder of the license is no longer employed as a physician in this state. The holder |
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98 | 98 | | of the license shall be granted an opportunity to be heard prior to the board's |
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99 | 99 | | determination. |
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100 | 100 | | SECTION 3. 448.04 (1) (br) of the statutes is created to read: |
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101 | 101 | | 448.04 (1) (br) Provisional license to practice medicine and surgery for |
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102 | 102 | | international physicians. The board may grant a provisional license to practice |
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103 | 103 | | medicine and surgery for international physicians to an applicant who satisfies the |
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104 | 104 | | requirements under s. 448.05 (2m). A provisional license to practice medicine and |
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105 | 105 | | surgery under this paragraph shall be converted into a license to practice medicine |
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106 | 106 | | and surgery under par. (a) after the provisional license holder practices medicine and |
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107 | 107 | | surgery full-time in this state and maintains good standing for 3 consecutive years. |
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128 | 128 | | 21 - 4 -2023 - 2024 Legislature LRB-5474/1 |
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129 | 129 | | JPC:cjs&wlj |
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130 | 130 | | SECTION 4 SENATE BILL 900 |
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131 | 131 | | SECTION 4. 448.05 (2) (a) (intro.) of the statutes is amended to read: |
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132 | 132 | | 448.05 (2) (a) (intro.) Except as provided in pars. (b) to (f) and sub. (2m), an |
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133 | 133 | | applicant for any class of license to practice medicine and surgery must supply |
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134 | 134 | | evidence satisfactory to the board of all of the following: |
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135 | 135 | | SECTION 5. 448.05 (2) (b) (intro.) of the statutes is amended to read: |
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136 | 136 | | 448.05 (2) (b) (intro.) Except as provided in pars. (c) to (f) and sub. (2m), an |
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137 | 137 | | applicant for a license to practice medicine and surgery who is a graduate of a foreign |
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138 | 138 | | medical college must supply evidence satisfactory to the board of all of the following: |
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139 | 139 | | SECTION 6. 448.05 (2m) of the statutes is created to read: |
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140 | 140 | | 448.05 (2m) PROVISIONAL LICENSE TO PRACTICE MEDICINE AND SURGERY FOR |
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141 | 141 | | INTERNATIONAL PHYSICIANS. An applicant for a provisional license to practice medicine |
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142 | 142 | | and surgery for international physicians must supply evidence to the board that the |
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143 | 143 | | applicant satisfies all of the following: |
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144 | 144 | | (a) The applicant has an offer for employment as a physician in this state. |
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145 | 145 | | (b) The applicant has been granted a medical doctorate or a substantially |
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146 | 146 | | similar degree by an international medical program. |
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147 | 147 | | (c) The applicant has completed a residency program or a postgraduate medical |
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148 | 148 | | training program that is substantially similar to a residency program. |
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149 | 149 | | (d) The applicant has practiced as a fully licensed physician in his or her |
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150 | 150 | | country of practice for at least 5 years after completing a residency program or a |
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151 | 151 | | postgraduate medical training program that is substantially similar to a residency |
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152 | 152 | | program. |
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153 | 153 | | (e) The applicant has been in good standing with the medical licensing or |
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154 | 154 | | regulatory agency of his or her country of practice for the 5 years preceding the |
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178 | 178 | | 24 - 5 -2023 - 2024 Legislature |
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179 | 179 | | LRB-5474/1 |
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180 | 180 | | JPC:cjs&wlj |
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181 | 181 | | SECTION 6 |
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182 | 182 | | SENATE BILL 900 |
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183 | 183 | | individual's application and does not have any pending disciplinary action before the |
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184 | 184 | | medical licensing or regulatory agency. |
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185 | 185 | | (f) The applicant has passed all steps of the United States Medical Licensing |
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186 | 186 | | Examination administered by the National Board of Medical Examiners and the |
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187 | 187 | | Federation of State Medical Boards, or their successor organizations. |
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188 | 188 | | (g) The applicant has, or will have prior to working as a physician in this state, |
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189 | 189 | | a federal immigration status and employment authorization that enables the |
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190 | 190 | | applicant to work as a physician in this state. |
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191 | 191 | | (h) The applicant possesses basic fluency in the English language. |
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192 | 192 | | SECTION 7. 448.971 (5) of the statutes is created to read: |
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193 | 193 | | 448.971 (5) “Qualified country” means a country that the board determines by |
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194 | 194 | | rule has set educational requirements for obtaining a license to practice as a |
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195 | 195 | | physician assistant or physician associate in that country that are substantially |
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196 | 196 | | equivalent to the educational requirements for licensure as a physician assistant |
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197 | 197 | | under s. 448.974 (1) (a) 3. a. |
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198 | 198 | | SECTION 8. 448.974 (1) (a) (intro.) of the statutes is amended to read: |
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199 | 199 | | 448.974 (1) (a) (intro.) Except as provided in par. pars. (b) and (c), the board |
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200 | 200 | | shall grant an initial license to practice as a physician assistant to any applicant who |
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201 | 201 | | is found qualified by three-fourths of the members of the board and satisfies all of |
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202 | 202 | | the following requirements, as determined by the board: |
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203 | 203 | | SECTION 9. 448.974 (1) (c) of the statutes is created to read: |
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204 | 204 | | 448.974 (1) (c) Paragraph (a) 3. does not apply to an applicant who provides |
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205 | 205 | | evidence satisfactory to the board that the applicant is licensed as a physician |
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206 | 206 | | assistant or physician associate in a qualified country, that the applicant is in good |
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207 | 207 | | standing with the licensing or regulatory institution in the qualified country, that the |
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232 | 232 | | 25 - 6 -2023 - 2024 Legislature LRB-5474/1 |
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233 | 233 | | JPC:cjs&wlj |
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234 | 234 | | SECTION 9 SENATE BILL 900 |
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235 | 235 | | applicant can speak fluently in the English language, and that the applicant is |
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236 | 236 | | lawfully admitted to work as a physician assistant in the United States. |
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237 | 237 | | SECTION 10.0Effective date. |
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238 | 238 | | (1) This act takes effect on January 1, 2025. |
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239 | 239 | | (END) |
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